KS Prosecutors Secretly Record Meetings Between Defendants and Attorneys

By | November 9, 2020

In a bold move that probably surprises no one, the U.S. Attorney’s Office for the District of Kansas filed a notice on August 20, 2020, that it is refusing to abide by a court order to turn over evidence after it was caught secretly recording meetings between defendants and their lawyers at the federal detention…

Voting Eligibility and The American Carceral State

By Brandon Sample | November 9, 2020

The ability to vote is an integral part of the United States Constitution. However under specific circumstances, an individual can lose the right to vote. Disenfranchisment is a common occurrence in state and federal prisons. However, individuals incarcerated at local jails often find themselves in a gray area. This report from the Prison Policy Initiative…

Federal Habeas Corpus: Time Limits and the AEDPA 

By | October 30, 2020

In my first column in a series on federal habeas corpus for state and federal prisoners, we’ll go over time limits for filing in federal court and how those time limits are calculated. The following information is adapted from my book WinningCites: Section 2255, A Handbook for Prisoners and Lawyers. AEDPA and Affirmative Defenses There…

Actuarial Risk Assessment Tools and The Future

By Brandon Sample | October 28, 2020

As previously discussed, actuarial risk assessment tools are not new. It is only their modern application that marks them as such. This attitude may prevent positive prison reform in the future, as these tools reflect ingrained biases in the current system. Supporters of actuarial risk assessment tools argue that they are fairer because they rely…

Sixth Circuit Grants Habeas Relief after Counsel Failed to Rise Change in Law Appeal

By | October 26, 2020

While defense lawyers aren’t usually required to predict a change in the law that may be coming down that affects their case, The U.S. Court of Appeals for the Sixth Circuit held on August 20, 2020, that when that change in law is “clearly foreshadowed” that any competent lawyer would’ve seen it coming, counsel is…

The History of Actuarial Risk Assessment Tools

By Brandon Sample | October 14, 2020

Actuarial risk assessments are among the most popular tools used in American sentencing reform. However, their usage as sentencing reform tools is the subject of some controversy. Their main purpose is to identify individuals who are at risk of re-offending in the future. While these tools do provide some insight, research often neglects to mention…

prisoner stimulus

Prisoners Are Entitled To Stimulus Payments, Court Holds

By Brandon Sample | October 12, 2020

A federal judge has issued a preliminary injunction that requires the IRS pay $1,200 in stimulus to prisoners, holding that prisoners are eligible for CARES Act stimulus payments. However, prisoners must act fast in order to claim their stimulus payment. The IRS requires the submission of a form, postmarked no later than October 30, 2020,…

Actuarial Risk Assessment Tools – Sentencing Reform’s Saving Grace or Worst Nightmare?

By Brandon Sample | October 8, 2020

Actuarial risk assessments are among the most popular tools used in American sentencing reform. However, their usage as sentencing reform tools is the subject of some controversy. Their main purpose is to identify individuals who are at risk of re-offending in the future. While these tools do provide some insight, research often neglects to mention…

Reopening a Section 2255 Motion

By | September 28, 2020

Whenever someone asks me if it’s a good idea to file a motion under Federal Rule of Civil Procedure 60(b) to reopen their 2255 motion or other civil proceeding, I cringe. That’s because the district court has such broad discretion in granting or denying these motions. A quick look at appeals from Rule 60(b) denials…

COVID-19 Vaccine Trials Omit Vulnerable Inmates from Testing

By Brandon Sample | September 28, 2020

With COVID-19 plaguing the planet, scientists are scrambling to create a viable vaccine. So far, only China, Britain, and the United States have succeeded and are ready to begin human trials. In the United States, phase-3 vaccine trials may draw in over 30,000 high-risk participants. Even so, inmates cannot take part in these trials, despite…